TNAG-1841-FCO40-2616-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 36

Į

have over their own Departments.

The test in every case will

be whether there is a significant degree of ministerial

responsibility for the body concerned".

The freedom for a Committee to decide for itself what to investigate is very important, and no Government approval is needed. (There have been examples of the Foreign Affairs Committee investigating aspects of foreign policy in greater depth than, and reaching different conclusions from those put forward by, the Foreign and

Commonwealth Office. It would probably be very difficult to argue successfully that a Select Committee was operating outwith its terms of reference.)

5.

Powers of the Select Committees

The powers of Select Committees are delegated to them by the House of Commons. If specific powers to summon witnesses, or to sit outwith Westminster were not granted, the Committee would not be deemed to have these powers. In practice, general wording such as that in sub-paragraph (5) of Standing Order 130 ensures that all Select Committees have the powers necessary to enable them to operate effectively. The key provision of Standing Order 130 (5) is sub-paragraph (a). (Sub-paragraphs (b) to (e) deal with the appointment of specialist advisers, the reporting of evidence taken. before sub-committees, communications with other Select Committees, and co-ordination with other such Committees.) Paragraph (5)(a)

reads:

"Select Committees appointed under this Order shall have power

(a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from time to time;"

The two most important powers implied in this paragraph are the power to sit overseas, and the power to require witnesses to attend (and to produce documents in evidence if required to do so by the

Committee).